Are you facing the possibility of a driver’s license suspension in Queensland and considering applying for a Special Hardship Order (SHO)? Understanding the intricate processes involved in obtaining a Special Hardship Order is crucial to ensure you take the right steps and increase your chances of success.
In this article, we’ll provide you with a comprehensive guide to Special Hardship Orders, focusing on the importance of legal guidance and the steps to follow when applying for one with the expertise of Gold Coast traffic lawyers.
Do I Need a Lawyer to Apply for a Special Hardship Order?
The laws and procedures for obtaining a SHO are complex and unforgiving. If your application is unsuccessful, you cannot appeal the decision.
The Magistrate’s ruling is final, resulting in a license suspension from your Court date. Therefore, seeking legal advice before proceeding with your application is highly advisable.
How Can Legal Professionals Assist You with a Special Hardship Order Application?
Legal experts can play a vital role in your SHO application process. Here’s how they can assist you:
- Drafting Professional Affidavits: Lawyers can prepare professional affidavits that contain all the necessary information to persuade the Magistrate to grant you the Special Hardship Order.
- Communication with Authorities: Lawyers can communicate on your behalf with Queensland Transport and Main Roads, which can oppose your application. This can help resolve potential issues before the court hearing, preventing surprises.
- Representation in Court: Legal professionals can accompany you to court and advocate for your case during the application hearing. They will present your case to the Magistrate, explaining why you should be granted the Special Hardship Order and specifying the conditions that should be included. Gold Coast traffic lawyers understand the local nuances of the legal process.
What Is a Special Hardship Order?
A SHO is a court order that allows individuals with suspended driver’s licenses to continue driving under specific limitations. Obtaining a SHO is often called obtaining a “special hardship license.”
Who Can Apply for a Special Hardship Order?
You are eligible to apply for a SHO if your open or provisional license has been suspended due to either of the following reasons:
- A conviction for driving over 40 km/hour over the speed limit (a “high-speed offence”).
- Accumulating two or more demerit points while subject to a good driving behaviour period.
Who Cannot Apply for a Special Hardship Order?
Certain individuals are not eligible to apply for a SHO, including those whose licenses were previously suspended or cancelled, individuals with non-Queensland driver licenses that were suspended, and those convicted of specific offences.
Conditions Included in the Special Hardship Order
A SHO must specify essential conditions, including the purpose for which a motor vehicle may be driven under the license, the class of motor vehicle that may be driven, and the times and days during which a motor vehicle may be driven. Additionally, you must carry a copy of the Special Hardship Order while driving.
What Conditions May the Court Include in a Special Hardship Order?
The Court has the discretion to include additional conditions in the SHO, such as restricted areas where you may drive, permission to carry passengers, logbook requirements, and even attire requirements, like wearing a work uniform when driving.
How to Apply for a Special Hardship Order
To apply for a SHO, follow these steps:
- Complete the approved SHO application form at your local courthouse or Queensland Transport and Main Roads TMR office.
- Prepare supporting materials, including a detailed affidavit, employer’s affidavit (if needed for employment-related reasons), statutory declarations, traffic history, criminal history (if relevant), and any other documents supporting your application.
- Complete a traffic offender program and obtain a certificate of completion.
- File your application and affidavit material in the Magistrates Court, ensuring you take a copy of the suspension notification from TMR.
- Serve a Court-sealed copy of your application and affidavit material on Queensland Transport at least seven days before your hearing date.
What Information to Include in Your Affidavit
A well-drafted affidavit is crucial for a successful SHO application. Include details about your work, why you need your license for your job, potential financial hardships if you lose your job, work schedule, income, expenses, and reasons why you are a fit and proper person to continue driving.
If your employer provides an affidavit, they should outline their name, business details, your role, and the necessity of your driver’s license for your job.
What Must the Court Be Satisfied of Before Making a Special Hardship Order?
Before granting a SHO, the Court must be satisfied that you are fit and proper to continue driving, considering your traffic history and the safety of other road users.
The Court must also determine that a refusal to make the Order would either cause extreme hardship by depriving you of your means of earning a living or cause severe and unusual hardship.
What Happens If the Court Grants a Special Hardship Order?
If the Court approves your Special Hardship Order:
- The suspension of your open or provisional license ends immediately.
- You are authorised to continue driving under a Queensland driver’s license, subject to the specified restrictions in the Order.
What to Do If the Court Approves Your Special Hardship Order
Within 14 days of the Order being granted:
- Attend the Queensland Department of Transport and apply for a replacement driver’s licence.
- Complete the approved form and attach a copy of the Special Hardship Order.
- The replacement license will be for the same type, class, or description as your suspended license, with an “X3” code indicating your authorisation to drive only under the Special Hardship Order conditions.
What Happens If the Court Rejects Your Special Hardship Order Application?
If the Court refuses to grant a SHO, your license suspension will continue for the remaining period of your driver’s license suspension, less any time served before lodging your application.
Can the Special Hardship Order Be Varied?
Yes, the Court may vary the SHO if you can demonstrate a change in circumstances, such as a change in your place of work.
What Happens at the End of the Special Hardship Order Period?
At the end of the SHO period, you must return to the Queensland Department of Transport to have your driver’s license reissued without the SHO condition.
What Happens If You Do Not Comply with the Special Hardship Order?
If you fail to comply with any of the conditions of the Special Hardship Order, you can be fined a maximum of 20 penalty units.
Other penalties can also be applied, including:
- Cancellation of the SHO: This would immediately result in losing your driving privileges under the terms of the order as well as a further suspension of your licence.
- Driver demerit points: Depending on the nature of the breach, you may also receive additional demerit points, which could further impact your driver’s licence.
- Prosecution for more serious offences: In some cases, breaching an SHO could lead to criminal charges, particularly if the breach involves reckless or dangerous driving.
Navigating the process of obtaining a SHO can be complex and daunting. Seeking legal guidance and assistance from experienced Gold Coast traffic lawyers is crucial to protect your driving privileges and ensure you follow all necessary steps to secure this order.